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tv   The FOX Report With Shepard Smith  FOX News  February 22, 2012 7:00pm-8:00pm EST

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no kicker tonight because of the breaking news. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced, and unafraid. captions by closed captioning services >> shepard: this is the fox report. tonight, israel tells the world, in essence, mind your own business. on what to do about iran. tonight, the new report on indications of tehran's nuclear deception. plus, with thousands dead, is it time for the united states to take action in syria? witnesses say thousands have already died in the violence. [explosion] and an american journalist is now among the victims. >> i don't have regrets about doing what i'm doing. >> now, as the body count rises, syria's leader shows no signs of letting up. and washington wrestles with the question of whether it's
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time for america to take some action. >> if we can't get assad to yield, we may have to consider other measures. >> shepard: tonight, diplomacy versus bullets. plus, the college lacrosse player accused of murdering his ex. he claimed it was all an accident. now the jury decides. >> shepard: and it has. now the details. jury has reached a verdict in the lacrosse player. george huguely is guilty of murder in the second degree. according to the prosecutors, the 24-year-old learned his ex-girlfriend yardley love had slept with another guy. so, as they put it, he went to her apartment after a night of hard drinking, repeatedly slammed her head into a wall and left her face down in a pillow of her own blood to die. and she did. a coroner concluded yardley
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love died of blunt trauma. blunt force trauma. one of huguely's own lawyers, the suspect's own lawyers described his client as a stupid drunk and a boy athlete who fought with his ex but did not kill her. the suspect told police that his girlfriend smashed her own head against the wall. a defense expert testified she likely smothered face first in that bloody pillow i mentioned. the suspect, george huguely never testified. now he faces and get, this somewhere between five and 40 years in prison on the second degree conviction. doug mckelway with the news live at the courthouse charlottesville, virginia. what happens now. >> this verdict was announced just a few moments ago, shep. as i walked into the courtroom, the entire love family sat in the three front rows of the courtroom on the right side then the entire huguely family filed in filling the left side of the
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courtroom. as those counts were read one by one guilty of second degree murder. guilty of grand larceny, there was not a peep in that courtroom. george huguely sat there facing the jurors, absolutely stone-faced. no reaction from him whatsoever. the judge had admonished all the attendees in the courtroom not to make any noises or any response to the verdict. and there was none that i could hear or see. i did see one member of the huguely family bow his head, a young man and then i saw the tears begin to flow. that was the extent of any emotion. you mentioned the second degree murder charge carries a penalty of 5 to 40 years in prison. the grand larceny charge is a little bit nuances here because there is a law in virginia that says the theft of over $200 of material is punishable by anywhere from 5 to life in prison. under the 200 worth mark, is a relatively light offense. there was testimony during
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this two-week trial that the laptop which george huguely took from his on and off girlfriend's apartment was not worth $200. but it remains to be seen exactly how that plays into the full sentencing. we understand that the jury right now is being offered instruction about the sentencing phase. they will in all likelihood finish sentencing phase tomorrow with a recommendation for punishment. it's not their call to determine punishment. that is the judge's call. he listens to the jury recommendation but he will be the ultimate arbiter of george huguely's fate. >> shepard: judge napolitano on the scene with us now. this man is now convicted of murdering his ex-girlfriend. >> right. >> shepard: first he, according to prosecutors, sent an email. and in that email, after a previous encounter said "i should have killed you." and then after that went to her apartment. broke down her door, said prosecutors, barbed her head repeatedly until, as one
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witness described it, an expert witness, her brains were scrambled. then left her face down in her own blood to die. when he left the room, he took her computer to, according to prosecutors, hide the evidence and others of her property. and now he could spend as little as five years in prison, judge? >> it's a very strange statute that they have in virginia in two respects. one is that the jury gets to recommend punishment. this is unheard of and virginia is one of the few states that allows it the judge can accept or reject the punishment. the other is extraordinarily broad range from 5 to 40 years. if he gets five, he walks because he has already served half the five. he would literally be freed within the next two or three weeks. it is more likely than not he will get something more serious than five for the reasons you just articulated. my guess is that it will be somewhere between the 10 and 12 range, 10 and 12 years which is normally the punishment for second degree
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murder. >> judge, stay with us, randy zellen is with us. he has been covering this trial with us or at least commentating on it. randy zellson a defense attorney here in the new york city area and been watching this trial with us from the beginning. this afternoon on "studio b," randy, as this case had gone to the jury, you said to us, "i assure you this will be manslaughter." clearly that isn't what happened. why was that your thinking in this case? >> because there was a complete lack of premeditation and quite frankly the jury agreed the murder two conviction was compromise. murder one. i said it was manslaughter because there was absence of premeditation. the jury said murder two. probably what got him convicted was not what he did to her but what he did afterwards by not doing anything to help her. >> shepard: judge napolitano, can you add anything more to that?
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i agree with randy. here is what the jury obviously found that there was no premeditation but that this was not an accident. he intended to kill her but he formed the intent at the time of the killing. that's a technical difference but makes all the difference in the world with regard to the defendant with regard to how much time he spends in jail. >> even though he sent this email saying i should have killed her even though he found out that she had had sex with another guy. and went to the door, broke it down, stole the computer, barbed her head, left her in her own blood. even with all of that, there is no premeditation. email "i should have killed you." what does it take. >> shepard, you are being very, very rational. jurors often compromise in order to end the deliberations. i'm sure the arguments you just made were made just as you made them in the jury room and some jurors disagreed and they reached this common ground of second degree murder. it's the system. it's the system we use.
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it usually results in a fairly just outcome, but not always a perfect outcome. >> shepard: judge, now what's the process? you mentioned that there will be a recommendation by the jury which nationwide at least is somewhat unusual. >> there actually will be a sentencing hear. the defendant can testify. the parents can testify. psychiatrists, teachers, friends can testify in order to provide to this jury as much information as they can about whether this defendant is worthy of five years in jail or 40 years in jail. basically, can he be rehabilitated? can he live a normal life? or should he be in the custody of the state of virginia for essentially most of the rest of his natural life in the jury will then give a number to the judge, which is he free to accept or to reject. >> shepard: all right. randy zelin in your role as prosecutor it is possible now that your client in this hypothetical, this man who has now been convicted of murdering his ex-girlfriend because in the theory she slept with someone else.
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if he he gets five years, which is the minimum allowed here, he walks free in a matter of days. what's your argument in this mini trial that sentencing for letting him go home? >> if i am defending him and it's very interesting, his parents were not in the courtroom. and the reason why his parents were not in the courtroom was so i think they would be available to testify at the sentencing hearing. what you will have is the parents talk about what a good kid he is. the experts will testify about the effect of alcohol on him. he may even get up there and get up there and say, your honor, i am sorry. and at the end of the day, when you take an otherwise good kid, who has a little bit of a couple of nics in his background but nothing to speak of, who had a very promising future, who really was fueled by jealousy, rage, and alcohol, i think you make a very strong argument and i agree with the judge i see the jury coming back with a recommendation of around 12.
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i see the judge sentencing him to somewhere in the range of 10 to 12. i think it's a stretch to give him the five. to give him the minimum. that's something he might have been looking at if he were convicted of the manslaughter. i think he will get more. but i think he will leave jail a relatively young man with the ability to rebuild his life. >> shepard: one note for our viewers about the stage craft of all of this. first of all, look at the pictures of them side by side. these two people are both athletes. this man, according to all the testimony, everything else, is an extremely powerful guy the word is beat trial. they put anymore a suit much larger than he, they sat him in a chair that was shorter than all the rest to make him look like something less than he is judge, knap as unusual
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that is to those of us not in the courtroom every day it is standard fare. >> it is standard fare. prosecutors do it. defense counsel does it but i think the jurors see through it especially when they have been in the courtroom with this guy for a couple of weeks. look, is he going to be sentenced on the gravity of the harm he caused and whether he can be rehabilitated and not whether he appears like a momma's boy during the trial. >> shepard: randy, final thought? >> he is going to have to accept responsibility with one caveat. there is a very powerful appeal issue here, which is the evidence that came up that there was a prior incident where he choked her that prior bad act got him convicted on murder two. you may see this case coming back on appeal. he may not testify to preserve that right if he is thinking about an appeal. >> shepard: randy zelin. judge napolitano, thank you. the verdict is in guilty of murder two for the lacrosse
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player of uva. there is lots of news tonight including massive anti-american riots in afghanistan that are gathering steam. [gunfire] this comes after afghan workers there reportedly found burned copies of the koran in the garbage. and officials now revealing that the burning may not have been an accident. eight people at least have been killed and the riots continue now. plus, more from the courthouse. charlottesville, virginia where the jury has convicted a lacrosse player of killing his girlfriend in addition tonight, what to do in politics. as the republicans head down the home stretch, we have team fox coverage from the journalists of fox news on this wednesday fox report. new stride whitemint is a hit but it lasts too long.
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so they can focus on keeping the world moving. with xerox, you're ready for real business. >> shepard: the word was emphatic. we will not intervene militarily in syria.
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there may be a change. the white house seems to have cracked the door on the possibility of getting involved there. and perhaps arming the rebel forces who are fighting the regime of the president bashar assad. the military is reportedly preparing options now. one problem, no one is sure hot rebel forces even are. [explosion] >> shepard: the latest video from the hard hit city of homs. government troops shelling the more rebellious area. fox news can't confirm the authenticity of this but key can tell you. this activists say 7,000 people have died in the nearly year long uprising in syria. another 65 people died today alone. among them two western journalists, a french photo journalist and well known american war correspondent marie colvin. she has made a career of covering war zones. her eye was put out in sri lankan can a. she worked for our company.
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she was a writer and long time correspondent for the sunday times of london which our parent company owns. back in 2004 she spoke with fox news about that incident. >> i was uninjured until i yelled journalist journalist. at which point they launched shoulder fired grenade which hit about four feet from me. >> this is the pot in syria where witnesses say marie colvin died. one man found her business card in the rubble. she was reporting for the sunday times. one victim among so many of the syrian regime's senseless and brutal attack. for the past 11 months, the president there bashar al assad has been killing with zero consequence. he has been murdering people who by all accounts from incapable of protecting themselves largely. it's up to the world to decide do we allow this to continue? does the western world respect syria's sovereignty and stay out of it or does the murder of innocence and by its nature
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create a moral imperative? are we compelled to act? we have seen the syrian government sanction mass murder before. in kosovo, liberia. in some cases the world took action. in others it collectively turned a blind eye as thousands upon thousands died. and right now in syria, the question print itself again. when a government murders its own people, is it our problem? just last night the journalists marie colvin spoke to cnn was on anderson cooper's program talked about a toddler killed in the fighting and why she thought it was important for her to be there to tell the stories that might otherwise never be heard. >> that baby probably will move more people to think what is going on and why is no one stopping this murder in homs that is happening every day. >> hours after that interview marie colvin was dead, another
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victim of a murderous regime. wendell goler with the story at the state department tonight. the white house, wendell, is not exiting to anything right now, right? >> it probably won't, shep until after friday's friends of syria conference. secretary clinton joining officials from 70 countries to see if there is any consensus what to do. today they focused on condemning russia for condemning armed shipments to the syrian government. >> we have been very vocal in saying they need to add us because, you know, given what's happening to the syrian populations, innocent civilians, how anyone can supply the regime with arms is beyond us. >> arizona republic senator john mccain says doing nothing is a betrayal of everything the united states stands for. but experts doubt there will be a libya-style intervention. syrians opposition is not as united. it includes al qaeda which the u.s. won't support and syria has four times libyans population on a tenth the space, meaning much of the fighting would be urban and
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there would be huge civilian quawrkts. meanwhile marie colvin was an icon. rupert murdoch said, quote, she was driven by a determination that the misdeeds of tyrants and the suffering of the victims did not go unreported. her family had held its breath many times before. she got out oof it always. we always thought there was a chance she would get out. >> officials can't say whether syria targeted colvin and other journalists. one called request all foreign journalists register with the government the height of hypocrisy. wendell goler at the state department for us tonight. there are new and ominous signs of trouble in the nuclear standoff with iran. there is a new report out just today of deception and word that the israelis are apparently prepared to go it alone. a live report from the pentagon is next. [ male announcer ] this is the age of knowing what you're made of.
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>> shepard: new signs that iran and israel may be oon a dangerous collision course. the sign come as iran supreme leader denies that his nation is attempting to build a nuclear weapon. shear what happened today. the foreign minister of israel warned that the israeli military will not bow to outside pressure when deciding whether to launch an attack on iran. the former minister lieberman went so far as to say that israel's decision is none of our business. quoting: the security of the citizens of israel, the future of the israeli state, he said, is the israeli government's responsibility. meantime, iran's supreme leader, the ayatollah khomeini today called nuclear weapons a sin that are, quote, useless, harmful, and dangerous. but it appears iran is still playing a game of hide-and-seek. a united nations team reports
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the iranian government did not allow them access to a suspected military site. a new report by the nonprofit, nonpartisan institute for science and international security claimed today that iran may have had a parallel nuclear program run by its own military way back in the 1990s about which we knew nothing. jennifer griffin is live at the pentagon now. what are the details of this new report, jennifer? well, the reports contains 1600 electronic messages from iran's physics research center to the shareef university in iran to oversee suppliers of nuclear equipment in the 1990s. >> this information, supports the idea that iran in the late 1980s, created a set of institutions whose goal was to create a parallel secret military nuclear fuel cycle that could put together the facilities that could make
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weapon-grade rawrm for nuclear weapons. >> david albright is a former u.n. weapons inspector. the site referred to in these telix messages seen here by satellite in 2003. you can see from this satellite image a year later that the iranians raised the facility, destroyed the facility shortly after the u.s. invaded iraq. this new report suggest as parallel nuclear program was being run by the military there. shepard? >> shepard: jennifer griffin live at the pentagon. jennifer, thanks so much. the republic presidential candidates now getting set for a couple of big primaries. we will see where the candidates stand and why one of the candidates is crawling out a rival's conservative credentials. that's coming up. bottom of the hour. top of the news on fox report. oh! [ baby crying ] ♪ what started as a whisper ♪
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>> shepard: i'm shepard smith. this is "the fox report." it's the bottom of the hour. time for the top of the news. at least nine people are dead tonight, nine people and at this moment i can tell that you there are reported dead and dozens more injured as anti-u.s. riots in afghanistan continue to spin out of control. this is the scene in jalalabad, one of afghanistan's largest cities. the violence as reportedly spread to at least four afghan provinces. in the capital city of kabul, the u.s. embassy is now on lockdown. all of this began yesterday at the main u.s. military base bagram air field. afghan workers there
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reportedly found burned copies of the koran holy book in a garbage pit. and now police are fighting back. [gunfire] yesterday, the top u.s. commander in afghanistan, general john allen apologized. >> we are thoroughly investigating the incident. we are taking steps to ensure this does not ever happen again. i assure you. i promise you this was not intentional in any way. >> shepard: but the protests threatened to undo the years our troops have spent trying to win the hearts and minds of the afghan people. "the fox report's" chief correspondent jonathan hunt is with us. today nato officials, jonathan, admitted this was not purely unintentional. >> not intentional, perhaps on the part of nato's high command in afghanistan, but officials did admit today that there was absolutely intent on the part of somebody underneath that high command.
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somebody ordered the destruction of those copies of the koran in part, according to nato officials because detainees at bag gram had been using them to pass secret extremist messages to each other. the whole sequence of events now part of the investigation, listen. >> it is a very vital part of the investigation that we find out what was the material, what was the reason for the decision to dispose of it. who gave the orders? what was the chain? how did the material go to the burn pit and what actually happened at the burn pit. >> nato officials apologizing profusely throughout the day and saying, shep, they have absolute respect for the koran. >> whether this was deliberate is causing nato enormous problems and the united states problems as well. >> it's causing huge problems. the u.s. embassy in kabul has been on virtual lockdown all day because of this. some experts believe that the violence has been promoted by
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nato itself because officials keep talking about it. they suggest that nato should now simply keep quiet. listen. >> these should have been treated with respect, but as captured documents. so the fact that nato is trying to explain them away makes them look even more stupid and frankly, i think that nato is drawing more attention to itself by not just saying, you know, we lost control of these critical documents and trying to not make it look like it was some inadvertent mistake. >> it looks like we will hear more from nato. they tell us there may be more from the investigation as early as tomorrow, shep. >> shepard: dangerous place for americans now, jonathan, thank you. less than two weeks to go until the next two republic primaries. the latest polls show mitt romney and rick santorum are in essence neck in neck in michigan. the state where romney was born and governor and where he once called a win a must but doesn't anymore. we will go live to michigan in
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just a few minutes. first to arizona where mitt romney is apparently doing better. he leads rick santorum by 16 points in a new nbc marist poll. that's double his lead in the real clear politics average surveys. newt gingrich and ron paul are trailing by double digits. rick santorum says he is not giving up on arizona. today he told tea party voters in tucson he is the real conservative in the race. >> look at the record. and then look versus the rhetoric of what you see of in many cases johnny come latelies to the conservative cause. that's the decision you have to make here in arizona. who do you trust? who is authentic? who is believable? is it the guy reading from the teleprompter? >> all four candidates are in arizona where the winner gets all 29 delegates. our correspondent he a lease i can't acuna is there as well in mesa outside of phoenix. the candidates, alyssia are all there for the first debate in a month.
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>> that's right. a lot has happened, shep, in that month, including rick santorum passing mitt romney in many polls. here in arizona he is ahead as you mentioned and he has been for a while. the latest survey also includes the 27 a thousand who already voted here. and while here romney talked up his new tax plan. >> with regards to our tax policy, there are a couple of things i would like to announce to you today, i'm at a lower rate across the board for all americans by 20%. all right? [cheers] >> oh, and separately, separately, arizona governor jan brewer, shep, says she will announce her endorsement after tonight's debate. >> shepard: we will wait for that what about newt gingrich and ron paul there, alyssia? >> well, newt gingrich spent the day doing a couple of fundraisers here. he also tweeted a picture of
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himself with governor brewer. his campaign released a new ad campaign that lasts a half an hour. the topic is energy and how it relates to jobs. here is a sample. >> what if we had a program that enabled the american people to develop so much new energy that we were, in fact, no longer reliant on saudi arainia, iraq, iran? >> ron paul hasn't spent much money in arizona but did have a couple of fundraisers ahead of the debate. we played that sound bite of mitt romney talking about that 20% cut in his tax plan. we also should mention that rick santorum had a response to that saying that he originally came one that number. back to you. >> shepard: alicia acuna thanks, a prison riot on a resort island tops our news around the world in 80 seconds. indo-nearby i can't, setting
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office on fire and throwing rocks at guards. one guard and three inmates hurt told the prison was holding a thousand inmates more than three times its legal capacity. hundreds of opposition supporters clashed in the capital city of dakar. the protesters say the incumbent president is illegally seeking a third term. he says those limits don't apply since they took effect after he took office. violence competitions in south pal low. the judges were announcing the results when a disgruntled fan stormed the stage and tore up the score sheets. as you can see things got out of hands from there. we're told that fan supported a some ba school the judges indicated would not be winning. nepal. a 72-year-old man claims he is the shortest guy in the world.
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says he is 22 inches tall. the folks at guinness world records report officials are on their way to the himalayan nation to check it out. and that's a wrap on this fox trip around the world in 80 seconds. >> help create more jobs. corporations get a lower tax rate. they have to give up some perks. we will show you how it is supposed to work next. the president is responding to pressure over the rising gas prices. why he is says is he making progress efforts compare to predecessor. that's coming up. [ female announcer ] need help keeping your digestive balance?
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>> shepard: energy prices are threatening to become a factor in the presidential election it would appear. the price for a barrel of oil hit a 9-month high this week topping 105 bucks. and gas prices are the highest they have ever been this time of year. a.a.a. reports the national
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average for a gallon of regular unleaded is up a penny to 3.5. some areas more than 4 bucks a gallon. some areas approaching 5. we have seen in the past week when gas prices spike they tend to become a political issue. president obama is now planning to tackle the topic in a speech tomorrow. get to ed henry main man at the white house. what are we expecting to hear from the president tomorrow, ed? >> interesting. because just in the the past few moments the president has signed tax unemployment extension into law. the white house informing us of that giving big speech tomorrow on energy in miami. bottom line is that $40 a paycheck people may get from the payroll tax cut extension will be wiped away with one tank of gas. given this spike in prices. so he is going to talk about maybe cutting out some oil and gas tax breaks. talk about increasing production. but none of that has really slowed this sharp rise in gas prices as republicans like sam brownback are pointing out. take a listen. >> i have got to get to work.
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i can't pay my mortgage with this money that i'm paying for gas. it has a dramatic effect on the u.s. economy. >> so this could be a big political liability, of course, for the president in november. but one thing republicans are not mentioning is that under george w. bush we took a look at it, four years ago, this month, february of 2008, the fact of the matter is gas prices were averaging about $3.03. 50 cents less than now. but still very high. over $3 a gallon. this is a problem that's been building in republic and democratic administrations. and both parties have done very little about it, shep. >> shepard: that's energy. and new word today on taxes. as the president is proposing a change in corporate tax rates and really structure too, ed. >> right. he wants to basically cut the corporate tax rate from 35% down to 28%. mitt romney wants to go even further down to 25%. but the white house believes that by also eliminating what they believe are unnecessary tax breaks for some corporations, they will end up bringing in more revenue to the government. they say about $250 billion
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over 10 years. jay carney also said this will make the system more fair. >> we believe we need to eliminate a lot of the existing complexities from the tax code and then identify very clearly what our priorities are when it comes to manufacturing, advanced manufacturing and small businesses. >> now, various republicans are saying it does not go far enough. but i will point out that republic dave camp, who is a key person on the tax writing panel in the house actually said this is a good first step, suggested maybe there could be some bipartisan consensus. the bottom line is in an election year, that's going to be hard to get that done, shep. >> shepard: ed henry on taxes and gas prices. as energy prices continue to rise, police say now some folks are breaking the law to get energy. especially fuel. watch this as we go across america. arizona. a 43-year-old man faces charges after cops near phoenix say he was stealing natural gas from his
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neighbor's home. that neighbor reported finding a hose leading from his gas utility pipe to the suspect's garage. and in florida, detectives say thieves rigged this van with pumps and a holding tank to steal gasoline. at a gas station northwest of tampa. we're told the suspects apparently took off in a lookout car. meanwhile, that van spilled hundreds of gallons of diesel it had siphoned from underground tank. ohio. the end of the fort steuben ben bridge southeast of cleveland. the demolition dropped the 8-year-old landmark into the ohio river in seconds: massachusetts. an 18 year long dispute between neighbors north of boston ends in a demolition of a home worth more than a million bucks. the mansion's owner says the couple claimed they couldn't see the harbor. >> there was no other
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neighbors that were against me. this is the neighbor who says that their view was blocked. >> a state land court ruled his lot violated zoning rules and that's a fox watch across america. >> fox across america is brought to you by union pacific. >> a woman in texas now the first known cross border shooting victim in the violence in mexico. happened in el paso directly across the sudan waziristan. second most dangerous city behind san pedro solo in honduras. we're told police in juarez were in gun fight with suspected which when a bullet went across the border and hit a woman in the calf she was pushing a stroller at the time. the bullet is like the ones assault rifles fired. the woman treated and released at an el paso hospital. former senate and now candidate rick santorum appears to have seized the momentum in the republic race
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for president at least for the moment. but in at least one state with a big primary next week, a lot of people have already voted. and even if they have changed their mind, they can't change their votes. that's ahead as fox reports live tonight. ok, guys-- what's next ? chocolate lemonade ? susie's lemonade... the movie. or... we make it pink ! with these 4g lte tablets, you can do business at lightning-fast spes. we'll take all the strawberries, dave. you got it, kid. we have a winner. we're definitely gonna need another one. small sinesses that want to grow use 4g lte technology from verizon. i wonder how she does it. that's why she's the boss. because the small business with the best tecology rules. contact the verizon center for customers with disabilities at 1-800-974-6006.
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>> shepard: so mitt romney is facing a tough fight in michigan where he should have had a home field advantage. he once called it a must-win. not anymore. the primary is tuesday. new nbc marist poll shows mitt romney leading santorum but just by 2 points. that's a statistical tie. even closer with the real clear average. all of this in a state where mitt romney was born and raised, where his father served as three terms in the
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governor's office o. by the way, michigan is not winner take all so the candidates are fighting for a share of that candidate's 30 delegates. steve is in lansing tonight. with turnout expected to be low here, absentee ballots could play a huge role in this race. do we know who has a role there. >> usually campaigns with great organizations. we're told that's mitt romney and ron paul here in michigan. the michigan secretary of state's office says 229,000 plus ballots were sent out for this race, 150,000 of them are already back and the mitt romney campaign believes they have half of that 150 k. and these are votes that were cast days, weeks before the santorum surge here. >> rick santorum wasn't really on the radar at that point. so, i might have changed my mind if i went voting today. >> he is getting my attention because i feel is he more conservative. i'm very conservative.
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>> that's why campaigns love absentee votes. they don't change. shep? >> shepard: the romney campaign can spin this however it wants, but if mitt romney doesn't win michigan, i mean, that's a huge blow. >> it is a blow. even his supporters will say that they just say it won't be a fatal one. >> if he loses, is he clearly hurt. i don't think he is going to lose. but if he does lose, perceptionly it will be a big deal. in reality it won't be that big of a deal. >> but romney will still have money and organization in all 50 states and that is what his supporters are counting on. they believe that romney will pull this out and they are down playing it but that's again managing expectations. shep? >> shepard: steve brown live lansing michigan tonight. steve, thanks. be careful when you try to help your neighbor, you could end up in prison. a 61-year-old man in new hampshire says he fired his handgun into the ground in an attempt to scare a suspected burglar he caught crawling out of his next door windows
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neighbor. shot it in the ground. nobody hurt, nobody hit. and then he held him there until police came, good move, right? now that 61-year-old faces a felony charge and the same potential sentence as the guy he stopped. here's the grandfather who fired the gun. he says he yelled "freeze. and then fired that warning shot into the ground." ace mentioned kept him there, kept this guy there until the cops showed up. and when they did, they cuffed this guy and the good guy. the 61-year-old and the detectives spoke about all of this. listen. >> he come 10, 15 feet from me. i will tell you i'm worried. i am 61. and he is 2 will. i didn't think i could physically restrained him. i fired a warning shot in the ground to make him know that i was serious. >> it was in the middle of the day. there were people out and about doing -- going about their every day business. someone else could have very well been at risk of serious bodily injury. >> shepard: or he might have hit a gopher as randy zellin said on "studio b" today. police seized the man's seven
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rifles and his handgun. fleming added, that's the 61-year-old that he has 14 grandchildren and he does not want to go to jail. a man who found a bunch of old comic books is swimming in a paper of a different kind. what just became a multi-million-dollar discovery ahead on fox report. think abou. ♪ ...that right now, you want to know where you are, and where you'd like to be. we know you'd like to see the same information your advisor does so you can get a deeper understanding of what's going on with your portfolio. we know all this because we asked you, and what we heard helped us create pnc wealth insight, a smarter way to work with your pnc advisor, so you can make better decisions and live achievement.
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the day starts with arthritis pain... a load of new listings... and two pills. after a morning of walk-ups, it's back to more pain, back to more pills. the evening showings bring more pain and more pills. sealing the deal... when, hang on... her doctor recommended aleve. it can relieve pain all day with fewer pills than tylenol. this is lois... who chose two aleve and fewer pills for a day free of pain. [ female announcer ] and try aleve for relief from tough headaches.
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for a day free of pain. what do you get when you combine the home depot with this weekend? the cure for cabin fever. because with get-it-done savings on everything we need...
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we can turn this weekend into a fresh floor... or an updated bathroom... or a brand-new look. so let's hit those orange aisles, and make today the day, we make a big difference, no matter how big our budget. more saving. more doing. that's the power of the home depot maximize your budget with great buys, like mosaic tile, just $4.98 per square foot. >> shepard: the president is singing again. remember, he was a big hit when he belted out al-green's let's stay together. then last night he got talked into an encore at white house concert with the likes of b.b. king and commit mitt jagger. ♪ baby don't you want to go ♪ same old pleas ♪ sweet home, chicago. >> shepard: pbs station also shoat entire concert on monday. this one is for all those kids those holes threw out their
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comic books. a man in virginia found 345 comics in the basement of his great uncle's home. he said he wondered where weather they might be worth anything. they were. they include the first appearances of batman, superman, the green lantern. auctioneers sold most of the collection today here in new york. final price, $3.0 million. updating some of fox top stories today. george huguely the university of virginia lacrosse player guilty in the exyardley love. after huguely learned love had slept with another lacrosse player, he got drunk, broke down her door, slammed her head against a wall, left her in a pool of her own blood to die. he faces up to 60 years in prison. activists say dozens of people are dead after a day of attacks on protests. the american journalists marie colvin and french photo journalist. israel's foreign minister is warning its military will not bow to outside pressure when deciding whether to launch an attack on iran.
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this word as iran's supreme leader again denies that his nation is trying to build any nuclear weapons. and on this day in the year 1819, the united states got ahold of some beachfront property when spain agreed to sell the territory of florida. the spanish explorer was the first known european to set foot there back in 1513. as legend has it he did so while searching for the mythical found of youth. he he never found it because he died. three centuries the spanish crown used florida as a trading post. after the american revolution border disputes caused some friction between the u.s. government and spain so we offered to buy the place 1845, florida joined the union but the sun rose on the sunshine state 193 years ago today from coast to coast. to coast. and now you know the news for this wedsd

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